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Indian Law/non-payment of salary.


For the past one month, I have been working in an bpo at noida. I have the appointment letter too in my hand.
According to the appointment letter, if any employee wants to leave the organisation within the training period, which is of 3 months, he will have to notify 15 days before and serve the notice period of 15 days.
I have a problem at my home. so i want to leave to go to my home and stay there. I have served the notice period too after mailing my resignation letter.

Now, yesterday was the payment day. My total work was of 45 days duration. Now they are denying me from giving the salary with an excuse that "you only took our time in your training and when it comes to you to serve us then you are leaving. So, you are not liable to be paid any compensation".

Now my question is that how can I sue them legally.

ANSWER: Termination of the contract, in the instant case will be governed by the terms of your engagement.However, your employer has no right to deny your payment on the plea that you are leaving the organisation.It is your legal right to terminate the contract at any time for personal reasons and nobody can stop it.However, they can make necessary adjustment for shortage in your notice period against your pay and should pay the balance amount,if any to you.Since they are reluctant to release your dues,you can serve a legal notice to release you and also settle your outstanding dues and also threat them that otherwise you shall have no other alternative but to take suitable legal action against them.

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QUESTION: What king of legal action can I take exactly and how? I mean to sa whom to approach?

As already advised,since your employer are reluctant to release your dues,you can serve a legal notice to issue the release order,settle your outstanding dues and also threat them that otherwise you shall be compelled to take suitable legal action against them.
Please take the above actions through a suitable lawyer having sound knowledge on service-matters.He will guide you appropriately.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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